Hybrid MBE Traps
Q1 (100): A seller ships non-conforming goods but notifies buyer of intent to cure. Buyer sues immediately. What’s the proper resolution?
✅ A: Under UCC §2-508, seller’s right to cure blocks breach claim until cure deadline passes, assuming notice was timely.
Q6 (100): Plaintiff sues police for failing to stop a robbery. What’s the constitutional outcome?
✅ A: No duty to protect individuals absent special relationship (DeShaney v. Winnebago).
Q11 (100): Confession obtained after Miranda waiver but prolonged interrogation continues 14 hours without break.
✅ A: May be involuntary under due process even if Miranda waived; coercive totality can render confession inadmissible.
Q16 (100): Forum selection clause in a contract designates another state. Plaintiff sues in wrong state.
✅ A: Court may dismiss under forum non conveniens if clause is valid and not unreasonable.
Q26 (100): When is the Dormant Commerce Clause inapplicable?
✅ A: If Congress has expressly authorized the burden on interstate commerce.
Q2 (200): Defendant’s conduct was both negligent and a violation of a statute. Plaintiff sues under both theories. Which standard applies?
✅ A: Negligence per se establishes breach if statute protects the class/plaintiff; otherwise, regular negligence applies.
Q7 (200): A public park bans only religious speech. Plaintiff sues. What’s the most likely tort and constitutional violation?
✅ A: Violation of Equal Protection and tortious denial of free speech in a public forum (strict scrutiny applies).
Q12 (200): Prosecutor elicits a prior bad act from defendant on cross to show defendant’s tendency.
✅ A: Impermissible character evidence unless under MIMIC rule and probative value outweighs prejudice.
Q17 (200): A motion to compel arbitration is denied. Can defendant appeal immediately?
✅ A: Yes — under Federal Arbitration Act §16, denials are immediately appealable.
Q27 (200): Defendant’s confession is fruit of illegal arrest. Evidence found later is physical and untainted. Admissible?
✅ A: Physical evidence may be admissible if sufficiently attenuated from initial illegality.
Q3 (300): A statement is hearsay and no exception applies, but is offered in a bench trial. Should it be admitted?
✅ A: FRE still applies — judge must exclude if inadmissible hearsay, regardless of being factfinder.
Q8 (300): Protesters are pepper-sprayed during a peaceful march. What’s the government liability?
✅ A: Excessive force = 4th Amendment violation under §1983; qualified immunity applies unless clearly established right.
Q13 (300): Co-conspirator’s statement offered against defendant before conspiracy proven.
✅ A: Judge must find conspiracy independently before statement admitted under 801(d)(2)(E).
Q18 (300): Parties agree orally; one emails confirmation with added terms. Enforceable?
✅ A: Under UCC §2-207, if both are merchants, added terms may become part unless objected or materially alter.
Q28 (300): Congress taxes books differently by genre. Constitutional?
✅ A: No — violates content neutrality under First Amendment.
Q4 (400): A defendant moves to dismiss based on lack of PJ, then raises improper venue. What’s the result?
✅ A: If PJ motion comes first, venue is not waived — but failure to raise both in the same pre-answer motion may waive Rule 12(b)(3).
Q9 (400): A law penalizes protestors who “offend public morals.” What’s the strongest challenge?
✅ A: Vague and overbroad — violates Due Process and First Amendment.
Q14 (400): Police use thermal imaging to detect heat from a suspected drug lab. Warrantless.
✅ A: Violation under Kyllo — tech not in general public use used to explore home = search.
Q19 (400): Plaintiff fails to join a necessary party. Can the case be dismissed?
✅ A: If party is indispensable under Rule 19(b), court must dismiss if joinder is not feasible.
Q29 (400): A dying declaration is offered in civil case. Declarant survives.
✅ A: Inadmissible — dying declaration exception requires unavailability.
Q5 (500): A state law prohibits hate speech. Defendant challenges under both state and federal constitutions. Which prevails?
✅ A: State can provide more protection than federal minimums but not less — federal Free Speech standards govern minimum rights.
Q10 (500): A city grants parade permits only to groups that purchase insurance. Religious group sues. Result?
✅ A: Invalid — discriminatory burden on religious exercise in public forum triggers strict scrutiny.
Q15 (500): Inadmissible evidence introduced at trial. Conviction stands. What doctrine applies?
✅ A: Harmless error doctrine — verdict upheld if error didn’t affect substantial rights or outcome.
Q20 (500): A party raises PJ and venue in Rule 12(b) motion but omits SMJ. Can they raise SMJ later?
✅ A: Yes — SMJ is never waived and may be raised at any time, even on appeal.
Q30 (500): Defendant is acquitted. Government seeks civil forfeiture of same property.
✅ A: Permitted — Double Jeopardy doesn’t apply to civil penalties unless punitive in nature.